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Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Proposed Rules
concerning attainment and reasonable further progress or other CAA
requirements see CAA section 110l, and must not modify certain SIP control requirements in nonattainment areas without ensuring equivalent or greater emissions reductions see CAA section 193.
Generally, SIP rules must require RACT for each category of sources covered by a Control Techniques Guidelines CTG document as well as each major source of VOCs in ozone nonattainment areas classified as Moderate or above see CAA section 182b2. The SDAPCD regulates an ozone nonattainment area classified as a Severe nonattainment area for the 2008
and 2015 8-hour ozone NAAQS 40 CFR
81.305.3 Therefore, these rules must implement RACT. In addition, we evaluated the rule to ensure it cured the deficiencies we identified in the partial disapproval of the SDAPCDs 2016
RACT SIP 4 with respect to the requirement to establish RACT-level controls for sources covered by the Control Techniques Guidelines for Industrial Cleaning Solvents.
Guidance and policy documents that we used to evaluate enforceability, revision/relaxation and rule stringency requirements for the applicable criteria pollutants include the following:

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1. State Implementation Plans; General Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990, 57
FR 13498 April 16, 1992; 57 FR 18070
April 28, 1992.
2. Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations, EPA, May 25, 1988 the Bluebook, revised January 11, 1990.
3. Guidance Document for Correcting Common VOC & Other Rule Deficiencies, EPA Region 9, August 21, 2001 the Little Bluebook.
4. Control of Volatile Organic Emissions from Solvent Metal Cleaning, EPA450/2
77022, November 1977.
5. Control Techniques Guidelines for Industrial Cleaning Solvents, EPA453/R
06001, September 2006.

B. Do the rules meet the evaluation criteria?
These rules meet CAA requirements and are consistent with relevant guidance regarding enforceability, RACT, and SIP revisions. The revisions to Rule 67.6.1 cure the deficiency identified in our partial disapproval of SDAPCDs 2016 RACT SIP with respect to the requirement to establish RACTlevel controls for sources covered by the Industrial Cleaning Solvents CTG.
3 86

FR 29522 June 2, 2021.
4 85 FR 77996 December 3, 2020 and 85 FR
48127 August 10, 2020.

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Additionally, the District revised Rule 67.6.1 to include more stringent solvent cleaning VOC limits and to increase the stringency of a qualifying VOC limit for an exemption to the rule. The District revised Rule 67.6.2 to increase the stringency of a qualifying VOC limit for an exemption to the rule. The TSD has more information on our evaluation.
C. The EPA Recommendations to Further Improve the Rules We recommend that the District add a reference to SDAPCD Rule 67.17 that contains provisions for this source category supplementary to Rule 67.6.1
and Rule 67.6.2. The TSD includes additional recommendations for the next time the local agency modifies the rules.
D. Public Comment and Proposed Action As authorized in section 110k3 of the Act, the EPA proposes to fully approve the submitted rules because they fulfill all relevant requirements.
We will accept comments from the public on this proposal until September 9, 2021. If we take final action to approve the submitted rules, our final action will incorporate these rules into the federally enforceable SIP. In addition, if we finalize our approval of Rule 67.6.1, it will address our obligation to promulgate a Federal Implementation Plan for the Industrial Cleaning Solvent CTG source category associated with our partial disapproval of the Districts 2008 RACT SIP, and satisfy the Districts requirement to establish RACT-level controls for this source category.5
III. Incorporation by Reference In this rule, the EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by reference the SDAPCD rules described in Table 1
of this preamble. The EPA has made, and will continue to make, these materials available through https
www.regulations.gov and at the EPA
Region IX Office please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section of this preamble for more information.
IV. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a 5 Sanctions and FIP clocks still apply as they relate to deficiencies in other CTG source categories identified elsewhere in our partial disapproval of the Districts 2008 RACT SIP 85 FR 77996.

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SIP submission that complies with the provisions of the Act and applicable federal regulations. 42 U.S.C. 7410k;
40 CFR 52.02a. Thus, in reviewing SIP
submissions, the EPAs role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this proposed action merely proposes to approve state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed action:
Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 58 FR 51735, October 4, 1993 and 13563 76 FR 3821, January 21, 2011;
Does not impose an information collection burden under the provisions of the Paperwork Reduction Act 44
U.S.C. 3501 et seq.;
Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act 5
U.S.C. 601 et seq.;
Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 Pub. L. 1044;
Does not have federalism implications as specified in Executive Order 13132 64 FR 43255, August 10, 1999;
Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 62 FR 19885, April 23, 1997;
Is not a significant regulatory action subject to Executive Order 13211 66 FR
28355, May 22, 2001;
Is not subject to requirements of Section 12d of the National Technology Transfer and Advancement Act of 1995 15 U.S.C. 272 note because application of those requirements would be inconsistent with the Clean Air Act;
and Does not provide the EPA with the discretionary authority to address disproportionate human health or environmental effects with practical, appropriate, and legally permissible methods under Executive Order 12898
59 FR 7629, February 16, 1994.
In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where the EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 65
FR 67249, November 9, 2000.

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